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Publication Date: 2016-09-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Leon Jones and Cameron McCord Jones Walden LLC, Atlanta, for Northside Bank. Fred Bentley and Benjamin Hungerford in Case No. A16A0005 only Bentley, Bentley Bentley, Marietta, for MountainBrook.
for defendant:
Case Number: A16A0005; A16A0220
The plaintiff failed to show that the late fees provision in the parties' agreement was an enforceable liquidated damages provision, rather than an impermissible penalty, and the trial court thus e
Publication Date: 2016-08-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: William Collins, Maud Pinter, and James Fletcher Smith, Collins Fletcher PA, Atlanta, for appellant.
for defendant: . Todd Baiad, Andrew Dekle Bouhan Falligant LLP, and William Glass Weiner, Shearouse, Weitz, Greenberg Shaw, Savannah, for appellee.
Case Number: A16A0094
The trial court erred in granting summary judgment to the bank on its claim for specific performance, because the bank failed to show that there was no genuine issue of material fact as to the adeq
Publication Date: 2016-08-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: John Hadden Turkheimer Hadden LLC, F. Carlton King, and Katherine Parvis FordHarrison LLP, Atlanta, for appellant.
for defendant: . Angela Fox and Darren Summerville The Summerville Firm LLC, Atlanta, for appellees.
Case Number: A16A0536
Genuine issues of material fact remained in a dispute between law partners and an associate attorney arising after the associate attorney left the firm and took eight cases wit
Publication Date: 2016-08-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Donald Evans and Thomas Camp Evans Rhodes LLC, Cartersville, for appellant.
for defendant: Daniel White and Douglas Haynie Haynie, Litchfield, Crane White, Marietta, for appellee.
Case Number: A16A0640
The trial court should have dismissed the condemnation petition, because the City failed to provide a summary of the basis for its just-compensation offer in violation of O.C.G.A. § 22-1-9 subsect
Publication Date: 2016-08-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: William Collins and Maud Pinter Smith, Collins Fletcher PA, Atlanta, for appellant.
for defendant: Brian Daughdrill, Mary Giacoma, Kristofer Schleicher Giacoma Schleicher Roberts Daughdrill LLC, and James Gober Arnall Golden Gregory LLP, Atlanta, for appellees.
Case Number: A16A0374
The evidence was legally insufficient for the defendant to recover lost profits as an element of damages caused by the plaintiff-tenant's wrongful occupancy of the property, as the defendant failed
Law Journal Press | Digital Book
Authors: David M. Axelrad
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Publication Date: 2016-08-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Charles Palmer, Kevin Meeks Troutman Sanders LLP, Atlanta, and Robert Lomax, Columbus, for Columbus Bd. of Tax Assessors. Jeffrey Brown Brown Adams LLC, Andrew Rothschild, and Jerome Rothschild Rothschild Rothschild PC, Columbus, for The Med. Ctr. Hosp. Auth..
for defendant:
Case Number: A16A0638; A16A0639
The hospital authority's leasehold interest in a continuing care retirement facility was a public project within the scope of the Hospital Authorities Law and thus exempt from ad valorem tax
Publication Date: 2016-08-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: William Erwin Powell Erwin PC, Camilla, for appellant.
for defendant: Scott Anderson, John Kennedy, and Jeffrey Rutledge James Bates Brannan Groover LLP, Macon, for appellees. Other party representation: Robert Shannon Hall Booth Smith Slover PC, Atlanta, Thomas Kirbo The Kirbo Law Firm, Moultrie, and Robert Wilmot McCall Phillips Williams Powell LLC, Tifton.
Case Number: A16A0158
The trial court erred in entering an interim award of attorney fees for the plaintiff under O.C.G.A. § 53-12-302 before his breach of trust claim had been res
Publication Date: 2016-08-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: John Autry, Edward Burch, Edward Wasmuth Smith, Gambrell Russell, Atlanta, and William Brown Heyman Sizemore LLC, Marietta, for Old Republic. Sherri Buda, Bryan Knight Knight Johnson LLC, John Amabile, Leah Sears, and Nicholas McDaniel, Schiff Hardin LLP, Atlanta, for RM Kids. Amicus Curiae: Monica Gilroy and Tania Trumble Dickenson Gilroy LLC, Alpharetta.
for defendant:
Case Number: A16A0257; A16A0258
In the absence of specific policy language, a title insurer's liability to a mortgagee should be measured using the foreclosure date, since the foreclosure is when the insured actually incurred a co
Publication Date: 2016-08-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Michael O'Quinn, Jacob O'Neal O'Quinn Cronin LLC, McDonough, and Howard Kaufold, Vidalia, for appellant.
for defendant: James Roberts Roberts Tate LLC, St. Simons Island, and Thomas Peterson, Vidalia, for appellee.
Case Number: A16A0541
The trial court erred in ruling that the county's use of Insurance Premium Tax proceeds to pay the operating costs of certain convenience centers for the purpose of collect
Publication Date: 2016-08-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Rodney Davis, Warner Robins, for appellant.
for defendant: . Brenda Youmas, Macon, for appellee.
Case Number: A16A0386
In a dispute over c property, the trial court properly ruled that a local c s property was held in trust for the parent c
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